Jennifer R. Scullion
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Your client is sued for failure to pay on a contract and says it shouldn’t have to pay because the prices were fixed by a cartel or that it was strong-armed into paying for a “bundle” of services or distribution channels even though it only wanted a subset of the bundle. Is that a defense? … Continue Reading
Expanded Basic. Choice. Choice Plus. Cable and satellite TV customers pay monthly fees for bundled channel packages of different sizes. The packages are becoming “skinnier,” allowing you to customize your service from a set of modules (i.e., the Family package, the Sports package, various language packages, etc.). But each module is still a pre-set bundle … Continue Reading
Since 2008, cable customers have been suing cable operators across the country claiming operators violate the antitrust laws by forcing customers to lease set-top boxes from the operator to access “premium” cable services. Plaintiffs claim that the operators have “tied” one product (the service) to another product (the box) and that the arrangement is a … Continue Reading
Negotiations between television channels/networks and pay TV operators are a breed apart. The stakes are high and the consequence of failure – a “dark” screen – is all too public. But the critical factor that sets these negotiations apart is the actual regulation of the negotiations under three main categories of rules. Broadcasters may invoke … Continue Reading
On August 29th, a Ninth Circuit panel unanimously held that the FTC has no power to challenge “throttling” of unlimited data plan customers by mobile broadband providers as an “unfair or deceptive act.” The panel found that a core source of FTC authority (Section 5 of the FTC Act) does not apply to any “common … Continue Reading
If your company sells a smart device to a consumer, can it later turn the device into a paid advertising platform? Can it do so without advanced disclosure? A recent court ruling suggests the answer is “yes,” at least in New York.… Continue Reading
2015 and 2016 saw a wave of transactions among cable, satellite, and other linear programming distributors: AT&T & DirecTV, Altice and Suddenlink, etc. That transactional wave is beginning to spawn a litigation wave, principally over interpretation and application of the pre-existing licenses and contracts between networks and distributors. A recent ruling in one California case … Continue Reading
New York Court Dismisses Antitrust Defense to Breach of Distribution Contract
By Jennifer R. Scullion on Posted in Commercial Litigation, Contracts, Television
Satellite TV Provider Not Required to Offer Credit When Channels Go Dark
By Jennifer R. Scullion on Posted in Contracts, Television
Second Circuit Blazes New Trail in Set-Top Box Cases: Cable Service and Boxes Are Not Separate Products
By Jennifer R. Scullion on Posted in Television
FCC Media Bureau Clarifies Broadcasters’ Negotiation Remedies
By Jennifer R. Scullion on Posted in Regulatory, Television, Video
Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit’s Rejection of FTC Authority Over “Throttling” Could Have Far Reaching Implications for Cable and Other Broadband Providers
By Jennifer R. Scullion on Posted in Mobile, Regulatory, Television
Switching Consumer Device to Ad-Supported Environment Is Not Deceptive under New York Law
By Jennifer R. Scullion on Posted in Commercial Litigation, Contracts, Internet, Technology, Video
Cable Network May Proceed with Claims Against Distributor on Theories Beyond Written Contract
By Jennifer R. Scullion on Posted in Commercial Litigation, Contracts
